Sale of Puppies

Kerry McCarthy Excerpts

Monday 21st May 2018 Westminster Hall

[Kerry McCarthy (Bristol East) (Lab)]

I believe that Godiva has previously won Westminster dog of the year, along with her friend, so it is good to have an update on her. Does the hon. Lady agree that one particular problem is that people are not aware of where popular dogs, such as French bulldogs, are coming from? They are paying huge amounts of money, assuming—because of the cost—that their dog will have been well treated. People going for those popular, fashionable dogs need to be particularly vigilant.

[Andrea Jenkyns]

I wholeheartedly agree. As I said, when I bought Godiva, I made that mistake: having paid £550 for her, I thought she would have been from a decent, legitimate organisation, but clearly that was not the case.

Lucy died in December 2016, and I am happy to say that her later years were happier than her beginnings. We must do more to save countless other animals from suffering similar horrors to Lucy. Pup Aid has been campaigning on overbreeding of females since 2009, and I would like to take this opportunity to again congratulate Marc Abraham on his hard work on the campaign, as well as Lisa Garner, who is present and who rescued Lucy and ensured that she had a good end to her life.

As the hon. Lady has said, the public clearly remain naive to the horrors of the puppy farming trade, and that is why legislation is necessary to protect not just the puppies but their mothers as well as the public from facilitating this abhorrent trade.

--- Later in debate ---

[The Minister for Agriculture, Fisheries and Food (George Eustice)]

I am sure that even if this had been a contentious and divisive debate, you would have been impeccably neutral, Sir Roger, but may I take this opportunity to acknowledge the work that you have done in this area? You will be pleased to know that there was a strong degree of consensus throughout the discussion of this issue.

In addition, I congratulate the hon. Member for Linlithgow and East Falkirk (Martyn Day) on the way that he introduced the debate and on being so generous with the number of interventions that he took from some Members who were obviously unable to stay for the full duration of the debate.

Finally, I congratulate the supporters of this e-petition, which has secured so many signatures in such a short time and attracted so many Members to Westminster Hall today to speak passionately on this important issue.

As several hon. Members will know, I have championed improved animal welfare when it comes to puppies and dog-breeding establishments for a number of years; in fact, since I was a Back Bencher. I advocated a reduction in the threshold before puppy breeders required a licence. The background to this debate, as a number of hon. Members have pointed out, is that the way that we treat puppies in the first few months of their life is, just as it is with a human child, incredibly important to their development.

The welfare charities in this sector can give many tragic examples of young dogs or puppies that come into their care and that they are simply unable to rehome because it is not safe to place them with a family. That is due to the abusive and neglectful way that they were raised in the first few months of their life. For me, therefore, tackling the way that we regulate and license dog breeders is particularly important.

The second issue that has long needed addressing is the introduction of new regulations to tackle the growth of internet or online trading. Some very good work has been done by the Pet Advertising Advisory Group and I commend all those organisations that have signed up to the group’s code. It is a robust code and the group has done well to draw it up.

One of the things we have done, which I will come on to, is strengthen the rules around online trading and the way that we license those who trade online, because there had been some doubt regarding the previous pets legislation, which dated back to the 1950s, about whether online traders were caught or covered by it. However, we have now clarified that matter.

The culmination of this process, during which I and others raised several points over a number of years, was a consultation on these matters to strengthen the pet licensing regime. I am very pleased to say that the Animal Welfare (Licensing of Activities Involving Animals) (England) Regulations 2018 passed on to the statute book earlier this year, and those regulations provide statutory minimum welfare standards that all licensed dog breeders and vendors of pet animals must meet. This is the first time that licensed breeders and sellers of dogs will be required to meet statutory minimum welfare standards.

Previously, those statutory standards were set out only in guidance but now they are a requirement before a licence can be obtained, which brings greater consistency. We have developed the new standards with the welcome involvement of the Canine and Feline Sector Group, which represents a broad range of vets, local authorities, the pet industry and welfare charities.

The new regulations and the new statutory code that goes with them achieve a number of things. First, there are clear regulatory requirements for licensed breeders and sellers to protect the welfare of the animals. Secondly, we have lowered the threshold for the number of puppy litters that someone is allowed to breed in a year so that more breeders can be brought into a licensing regime. That means that anyone in the business of both breeding and selling dogs will need a licence and, irrespective of whether they claim to be in the business of breeding, they will need a licence if they breed three or more litters a year. Thirdly, anyone selling pets commercially will need a licence, whether they are trading online or they are a pet shop. That addresses the point that the hon. Member for Edinburgh East (Tommy Sheppard) raised. Licensed breeders must show puppies alongside their mother before a sale is made and they can sell only their own puppies.

In addition, pet advertisements will now require the seller’s licence number and country of origin and the residence of the pet to be included. The sale of puppies and kittens under the age of eight weeks is now banned, which closes a loophole that existed for some pet shops regarding some pets. Licensed sellers must also show puppies to the purchaser before a sale is completed, an intervention we have made to try to curtail the growth of online trading and, finally, a new licence condition applies to dog breeders to prevent the breeding of dogs with harmful genetic disorders, which addresses the point raised by the right hon. Member for Cynon Valley (Ann Clwyd) about the tragedy of pets often having defects and health problems because they have not been properly bred or cared for.

The 2018 regulations come into force on 1 October and, taken together, represent a significant improvement in pet animal welfare legislation in this country.

[Kerry McCarthy]

What the Minister has outlined is very good as far as it goes, but it deals only with the more respectable end of the market, tightening up regulation there. Does he have any figures on how many puppies are bought and sold on the streets of the UK through the illegal trade—illegally imported, trafficked—as opposed to coming through breeders who are likely to abide by the regulations?

[George Eustice]

I was going to come on to that point and to the specific issue of the debate. The measures in the new regulations substantially tighten up areas where there were weaknesses in the law. In particular, bringing greater clarity to the fact that online traders must have a licence, and lowering the threshold of the number of puppies someone can breed before they require a licence, are significant steps forward. However, I am aware that for some years now several people have been calling for third-party sales to be dealt with and for there to be a ban on such sales—for puppies in particular and, called for by a number of others, for kittens.

It is fair to say that although the petition was launched only on 1 March, the public reaction has been rapid. It has already attracted more than 140,000 signatures, which shows the strength of feeling people in this country have for the welfare of dogs. However, as a number of hon. Members have pointed out, even before that, the Government had made it clear that it was their intention to consider the issue. On 8 February, we announced a call for evidence to consider a ban on third-party sales of puppies and kittens. Such a ban means that pet shops, pet dealers and other outlets and licensed sellers of puppies and kittens would be unable to sell them unless they themselves had bred them. The implication is that anyone seeking to acquire a puppy or kitten would have to look to either an authorised breeder or an animal rescue or rehoming organisation.

It has been suggested to us that a ban could achieve several things. First, it could ensure consistency with Government advice that purchasers should seek to see puppies or kittens with their mother, which goes beyond the new regulations for licensed breeders and applies the condition to everyone. It could also assist purchasers to make informed choices based on seeing a puppy or kitten with its mother, and encourage responsible buying decisions. It could incentivise welfare improvements in high-risk commercial dog-breeding establishments by ensuring transparency, accountability and appropriate remuneration for breeders. Finally, and perhaps most importantly, it could prevent the sale of puppies that had not been bred to recognised standards of welfare in this country. The Government, therefore, consider there to be merit in exploring that further. I am aware that there are consistent, though difficult-to-quantify, concerns about puppies that are bred overseas, smuggled illegally into the UK and then sold out of the boots of cars at service stations, as highlighted by my hon. Friend the Member for Clacton (Giles Watling).

At the Department for Environment, Food and Rural Affairs we have been involved since 2015 in an operation to tackle the scourge of underage puppies being smuggled into the UK, something I feel strongly about. When I was responsible for this part of the brief in 2015, although we were doing work to strengthen regulations, I was concerned about the reports of large numbers of puppies being smuggled, particularly from the Irish Republic and east European countries, to be sold in the UK. Since 2015, our vets from the Animal and Plant Health Agency have been stationed at a number of ports and in just three years we have seized more than 700 puppies that were considered to be under 12 weeks old, the minimum before which they are able to be transported. That evidence of underage puppies being smuggled into the country suggests there could be a problem there that we ought to address, which is why we have run a call for evidence.

The call for evidence ran from 8 February to 2 May and we received about 350 responses, which we are currently analysing. The next step would, of course, be to consult on specific options. The hon. Member for East Kilbride, Strathaven and Lesmahagow (Dr Cameron) invited me to make her cry by making an announcement today. I will not be doing so today; I will stop just short of it, but hon. Members will be pleased to know that we anticipate being likely to introduce a consultation based on the early feedback from the call for evidence. They will, however, have to wait a little longer to see further details.

I want now to address a few wider issues, in particular regarding sentencing, because the pet licensing measures are only part of our work. We are also taking action to improve animal welfare in other areas. My right hon. Friend the Secretary of State announced last September that we will increase the maximum penalty for animal cruelty offences from six months to five years in prison. There was an intervention earlier on the shadow Minister regarding likely sentences. That would obviously be a matter for the consultation, but any such step would be likely to be taken within the framework of the Animal Welfare Act 2006. The current sentencing guidelines refer to an unlimited fine or a maximum custodial sentence of six months and, as I say, we have made it clear that we want to raise that maximum sentence. It will always be important for an individual judge on an individual case to be able to reach an appropriate sentence based on the particular circumstances.

[Kerry McCarthy]

The Minister mentioned that 90 puppies, I think, had been seized while being illegally imported. What happened to the people who were responsible for that illegal trafficking? Were they fined or jailed? Do we have any idea what happened to them?

[George Eustice]

There were prosecutions. Actually, some 700 puppies were seized in the course of three years for being under the age of 12 weeks. When we were looking at the issue around a year ago, I asked officials whether there was a pattern of it being a small number of individuals, but generally speaking it was a diverse range of individuals often doing one-off trades rather than high-velocity trades. Others are using different people to bring animals in. It is difficult to discern a pattern of it being, for example, a small number of people who are very difficult to challenge. There have been prosecutions in the past, including through Operation Bloodhound a couple of years ago. I understand there have also been prosecutions related to some of the interventions.